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Ocelot II

(130,696 posts)
10. It isn't illegal; it's against the rules of the Supreme Court.
Tue May 3, 2022, 05:24 PM
May 2022
Just hours after Politico published a draft of the majority ruling written by Justice Samuel Alito calling the Roe decision "egregiously wrong from the start" and overruling that five-decade-old precedent, figures across the right issued a chorus of calls for the investigation and prosecution of the anonymous source of the "illegal" leak. CBS News went so far as to report—somewhat vaguely—that it expects an investigation “involving the FBI” into the leak's source. And Chief Justice John Roberts has opened an investigation into the disclosure.

But all of that furor is undermined by an inconvenient legal truth: Leaking a Supreme Court decision doesn't actually seem to be a crime—at least not by any clear and undisputed definition. "Right now, it's unclear whether the leaker broke any law at all," says Trevor Timm, a First Amendment–focused lawyer and the executive director of the Freedom of the Press Foundation. "Even the people claiming this act is beyond the pale and the FBI must investigate haven't pointed to a definitive law this leaker allegedly broke."

Timm cites a lengthy Twitter thread published late Monday by the well-known UC Berkeley legal scholar Orin Kerr, who responded to the leak Monday night by pointing out that a Supreme Court draft doesn't meet any of the obvious criteria that would make it an illegal document to hand to a journalist: Most important, it's not classified, so leaking it doesn't open the leaker to prosecution under the Espionage Act. "As far as I can tell, there is no federal criminal law that directly prohibits disclosure of a draft legal opinion," Kerr concluded.
https://www.wired.com/story/scotus-roe-v-wade-opinion-leak-legal-risk/

If the document were obtained by illegal means, as by hacking into a computer system, that might be prosecutable, but it doesn't appear that the leaking itself was illegal. So far the FBI is not involved; the court is conducting an internal investigation. The leaker, if discovered, will surely be fired, but probably not prosecuted.

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Probably an HR violation, but law? Nah n/t leftstreet May 2022 #1
Ashton Fox Embry who leaked a Supreme Court decision was indicted... PoliticAverse May 2022 #2
The issue in that case was trading on government information for financial gain. Ocelot II May 2022 #19
The law he was indicted on did not involve financial gain. n/t PoliticAverse May 2022 #20
Its on shaky ground in regards to consequences, they might get fired but uponit7771 May 2022 #3
Fired? Then I hope it was Alito JohnSJ May 2022 #13
TRUE !! uponit7771 May 2022 #15
It's all meant to distract from the larger issue that we have a right-wing radical Supreme Court TheRealNorth May 2022 #4
I don't think that will work for this JohnSJ May 2022 #14
The right to privacy... AZ8theist May 2022 #5
But the Supreme Court should have control over their own body... Bucky May 2022 #23
This message was self-deleted by its author Chin music May 2022 #6
Some seem more interested in the leaker Deuxcents May 2022 #7
This message was self-deleted by its author Chin music May 2022 #36
WHY ISNT THE FBI SEARCHING FOR THE TOP SECRET DOCUMENTS A MARA LAGO? onecaliberal May 2022 #8
No law was broken. SoonerPride May 2022 #9
It isn't illegal; it's against the rules of the Supreme Court. Ocelot II May 2022 #10
Potentially, 18 USC 641 onenote May 2022 #11
It's a real stretch. Ocelot II May 2022 #18
Maybe. But see: onenote May 2022 #30
What's the purpose of keeping it secretly hidden? Emile May 2022 #12
Theoretically, proposed opinions are still in the "consideration" stage Bucky May 2022 #25
IMO it was leaked on purpose to test the waters! n/t RKP5637 May 2022 #16
My thoughts exactly... SheilaAnn May 2022 #21
Roe rso May 2022 #17
I'm certain one of the terms of employment is non-disclosal of privileged communications Bucky May 2022 #22
This right here. LiberatedUSA May 2022 #24
Breaking the terms of your employment maxrandb May 2022 #26
What we know about the investigation into the Supreme Court leak-What Crime is at play LetMyPeopleVote May 2022 #27
These IDIOTS want to go after someone, (in the SC) that leaked the TRUTH. yet bluestarone May 2022 #28
This message was self-deleted by its author jfz9580m May 2022 #29
Possibly Contempt of Court? Mr.Bill May 2022 #31
I assume grand juries probably have laws because ordinary citizens serve LeftInTX May 2022 #34
Don't take offense, but Mr.Bill May 2022 #35
From Barbara McQuade LetMyPeopleVote May 2022 #32
Likely theft of Government documents... brooklynite May 2022 #33
The most likely charge you will see from this is lying to the FBI dsc May 2022 #37
Take a page of opinion James48 May 2022 #38
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